M.Parameshwari v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.04.2022
CORAM
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.9658 of 2022 1.M.Parameshwari 2.M.Boobendiran 3.M.Kalaiselvi ... Petitioners Vs.
1.The Superintendent of Police, Office of the Superintendent of Police, Thiruvallur, Thiruvallur District.
2.The Deputy Superintendent of Police, Land Grabbing Cell, Office of the Deputy Superintendent of Police, Thiruvallur, Thiruvallur District.
3.The Sub-Inspector of Police, Mappedu Police Station, Mappedu, Thiruvallur Taluk, Thiruvallur District.
... Respondents PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the Respondents not to harass the Petitioners for the above said civil dispute. For Petitioners :
Mr.S.Janarthanan For Respondents :
Mr.V.Meganathan, Government Advocate (Crl. side)
O R D E R
This Criminal Original Petition has been filed seeking for a direction to the respondents not to harass the petitioners for the above said civil dispute.
2. Learned counsel for the petitioners would submit that in respect of the very same allegation, 15 complaints have already been given to various Authorities. He would submit that the respondents are harassing the petitioners and thereby, the present petition has been filed seeking to direct the
respondents not to harass the petitioners under the guise of enquiry.
3. Mr.V.Meganathan, learned Government Advocate (crl.side) would submit that based on the complaint given by one Shanthakumari, enquiry has been conducted in CSR No.69 of 2022 and the same is pending on the file of the third respondent. He would submit that the respondents are not harassing the petitioners
4. It is the grievance of the petitioners that the respondents have been harassing them under the guise of enquiry/investigation and hence, have invoked the inherent powers of this Court under Section 482 of Cr.P.C.
5. An enquiry into a non-cognizable offence or a cognizable offence is the unfettered powers of the Investigation Officers so long as the power to investigate/enquire into these offences are legitimately exercised within the frame work of Chapter XII of the Code of Criminal Procedure. Though the Code of Criminal Procedure empowers the Magistrate to be a guardian in all the stages of the police investigation, there is no power envisaging him to interfere with the actual investigation or the mode of investigation. It is in this background that numerous petitions complaining of harassment are being reported and filed before this Court seeking for directions to refrain the police officials from harassing the persons named in a complaint.
6. This Court, exercising its power under Section 482 of the Criminal Procedure Code normally would not interfere with the enquiry or investigation conducted by a police officer. Nevertheless, it would also not turn a blind eye to instances of harassment by the police under the guise of enquiry or investigation is brought to its notice.
7. In the present case in hand, the petitioners have complained of harassment by the police based on a complaint and seek for this Court's intervention by way of a direction. The term 'harassment' by itself has a very wide meaning and hence, what could be harassment to the petitioner may not be the same to the police officer.
8. In order to circumvent such situations, the following guidelines are issued : - a) While summoning any person for enquiry the guidelines stipulated for preliminary enquiry by the Hon'ble Supreme Court in Lalita Kumari Vs. Government of Uttar Pradesh and others [2014 (2) SCC (1)] shall be strictly adhered to. b) While summoning any person named in the complaint or any witness to the incident complained of, the police officer shall
summon such person through a written summon mentioning the CSR number, date of complaint and the name of the complainant and he shall also specify the date and time for appearing before them for such enquiry/investigation.
c) The minutes of the enquiry shall be recorded in the general diary/station diary/daily diary of the police station. d) The police officer shall refrain himself or herself from harassing persons called upon for enquiry.
9. In view of the submission made by the learned counsel for the petitioner that similar complaints have been given to various Authorities, direction is issued to the respondents police to complete the enquiry as expeditiously as possible preferably, within a period of four weeks from the date of receipt of a copy of this order.
10. With the above observations and direction, the Criminal Original Petition stands disposed of.
Sd/- Assistant Registrar (CS-VIII) //True Copy// Sub Assistant Registrar shk/sai To 1.The Superintendent of Police, Office of the Superintendent of Police, Thiruvallur, Thiruvallur District.
2.The Deputy Superintendent of Police, Land Grabbing Cell, Office of the Deputy Superintendent of Police, Thiruvallur, Thiruvallur District.
3.The Sub-Inspector of Police, Mappedu Police Station, Mappedu, Thiruvallur Taluk, Thiruvallur District.
4.The Public Prosecutor, High Court of Madras. +1cc to Mr.S.Janarthanan, Advocate SR. No. 28807 Crl.O.P.No.9658 of 2022 SMI (CO) PR (12/05/2022)